Triple talaq bill: Activists seek more talks before draft becomes law

NEW DELHI: With the government all set to introduce a bill to declare the practice of instant triple talaq a cognisable offence punishable, the views of women rights activists steering the debate around the issue range from stiff opposition to criminalisation to the demand that punishment should not be cognisable. The common thread running through the debate, though, is an appeal that the Muslim Women (Protection of Rights on Marriage) Bill, 2017 goes through further consultations not just in Parliament but also outside, bringing in the opinions of civil rights groups, women and the public at large. They also want the bill to be referred to a standing committee of Parliament for deeper scrutiny. Bharatiya Muslim Mahila Andolan, which has been at the forefront of the fight against instant triple talaq and was one of the petitioners in the case in the Supreme Court, wants punishment for the husband but only if the woman files a complaint. “Instant talaq should be an offence but not a cognisable one,” Zakia Soman from the BMMA said. On the other hand, there are groups like Bebaak Foundation who are opposed to criminalisation of the pronouncement.

In fact, they fear that the provisions have the potential to adversely impact Muslim women who are victims of instant talaq and result in greater harassment. “The purpose of this bill is gender justice, and criminalisation in itself cannot serve this objective. Marriage is a civil matter. As per 494 of the Indian Penal Code bigamy is non-cognisable and bailable offence. Violation of law through triple talaq should invite penalty and punishment accordingly and proportionately,” Zakia Soman explained to articulate the BMMA’s view.